Eligibility to Participate in the Plan. (a) (1) If this Plan is an amendment, restatement, and continuation of the Prior Plan, as indicated in the Adoption Agreement, every Eligible Employee who was a Participant in the Prior Plan immediately prior to the Effective Date shall continue to be an Eligible Employee eligible to participate in this Plan. Each other Eligible Employee shall be eligible to participate in the Plan on the Effective Date. Thereafter, each employee, independent contractor or director shall be eligible to participate in the Plan on the date the Employer, in its sole discretion, determines that such person is an Eligible Employee.
Eligibility to Participate in the Plan. In order to become eligible to participate in this Plan, an individual must be (i) an employee of an Employer; (ii) a participant under the Profit Sharing Plan; and (iii) among a select group of management or highly compensated employees within the meaning of Sections 201(2), 301(a)(3), and 401(a)(1) of ERISA. Once an Eligible Employee becomes a Participant, such individual shall continue to be a Participant until the latest to occur of failure to meet at least one of the three conditions described above, or the complete distribution to the Participant (or Beneficiary, if applicable) of his benefits under the Plan. In order to receive an allocation under the Plan, however, a Participant must meet the criteria described in this Section 2.1 and also must meet the requirements of Sections 2.2.
Eligibility to Participate in the Plan. A select group of management or highly paid employees as designated by the Committee who are subject to government-imposed reductions in benefits from and/or contributions to the RSIP.
